JB/042/438/001

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1824. April 19.
Constitutional Code

1 B
IV
Ch. XI Judiciary collectively
(1) 4 § Melioration suggestion
§. Preinterpretative function

Preliminary observations
fresh Sheet

Preliminary Observations

The meliorative suggestive function has been
already brought to view. The preinterpretative is near of
kin to it. The differences are these as follows

9 or 1
Art. 1. Preinterpretative function —
its differences
force the melioration suggestive

1. Meliorative suggestive
more ample: not
limited by reference
to what has been done
before. It may be
exercised without imputing
to the any
particular passage in
the existing work, obscurity,
ambiguity, or
deficiency through oversight.

1. In [its extent amplitude over the field of legislation] the meliorative-suggestive is the more comprehensive than the pre-interpretative.
It extends applies to principle as well as to detail.
It may have its effect where no ambiguity, nothing ambiguous no obscurity,
no omission through no oversight, no e excessive exclusion in excess,
for want of this limitation has had place on the
part of the legislator has been imputable or is imputed
to the legislator. It makes not of necessity and reference
to any already existing portion of the text of the law.

10 or 2.
Art. 2 Only Note involving
exercise of power, it
may be exercised by any
body. Good to receive
instruction from the
enemy, still more indispensable
from a friend.
☞ Infer what is said
under Melioration-indicative

2. [On the other hand] not involving in it any exercise
of power, actual or eventual, there is no person
by whom it may not be exercised. If it be the part of wisdom
to receive instruction, even though it be from an enemy still
more indispensably so is it to receive the both from a fellow
countryman — from a friend.A

11 or 3
Art. 3. As to Preinterpretative
involving power, it may
be confined to functionaries,
and adequately
checked: viz. Judges
to whose power it is a
natural appendage.

As to the Preiterpretative function as here delineated,
power is with it. It must therefore be reserved
for the functionaries: for functionaries armed with power
and that power adequately checked: in a word for
Judges, to whose ordinary power it is a sort of appendage.
In reference to land legislation this power is a sort
of initiator. But It is however distinguished from that
other — that to which commonly brought to view by the appellation
of the initiative: to bring it into operation it
requires an antecedent initiative on the part of some
individual, stating on his responsibility, with apt the existence
of an appropriate demand.

12 or 4
Art. 4. It is practice
of legislators namely
the initiator. But to
except that to bring it
into operation, it requires
application which however
may be made by one
individual, stating on his responsibility the existence of an appropriate demand.

Identifier: | JB/042/438/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-04-19	Marginal Summary Numbering	9 or 1 - 12 or 4
Box	042	Main Headings	constitutional code
Folio number	438	Info in main headings field	constitutional code
Image	001	Titles	preliminary observations
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13361
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